Consumer Protection:
Deficiency in service – Purchase of car by complainant from the dealer – Refused to take delivery of the car as it was an old and used one (2009 make) – Dealer refused to deliver new car (2011 make) – Consumer complaint – The manufacturer contested the complaint taking the plea that it cannot be held liable for the act of dealer as the relationship between the dealer and the manufacturer was that of principal to principal and not that of agent and principal – Dealer never appeared – District forum held that there was deficiency in service on the part of dealer as well as manufacturer and they were jointly and severally liable to replace the car with a new model or to refund the entire amount with interest @10% from the date of delivery – State Consumer Commission as well as National Consumer Commission affirmed the order of the District Forum – Appeal to Supreme Court by the manufacturer – Held: There was absolute dearth of pleadings by the complainant with regard to manufacturer’s role or its having special knowledge regarding dealer’s role in representing the car as new and selling an old used car – The failure of the complainant to plead or prove the manufacturer’s liability could not have been improved upon through inferential findings – Having regard to the nature of dealer’s relationship with the manufacturer, the dealer’s omissions and acts could not have resulted in manufacturer’s liability – Therefore, the findings of the fora below are set aside – Appeal allowed. Maruti Udyog Ltd. v. Susheel Kumar Gabgotra (2006)
4 SCC 644 : [2006] 3 SCR 603; Indian Oil Corporation v. Consumer Protection Council (1994) 1 SCC 397; Vivek Automobiles Ltd. v. Indian Inc. (2009) 17 SCC 657; Indian Oil Corporation v. Consumer Protection Council, Kerala (1994) 1 SCC 397; General Motors (I) (P) Ltd. v. Ashok Ramnik Lal Tolat (2015) 1 SCC
429 : [2014] 11 SCR 16 – relied on.
Jos Philip Mampillil v. Premier Automobiles Limited and Anr. (2004) 2 SCC 278 : [2004] 1 SCR 1095 –
distinguished.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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